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Lawskills.com Georgia Caselaw
DANIELS v. THE STATE.
43673.
PANNELL, Judge.
Liquor violation. Sumter Superior Court. Before Judge Marshall.
JORDAN, Presiding Judge, concurring specially.
Under the decision in Crowley v. State, 118 Ga. App. 7, construing the decision of the Supreme Court of this State in Hill v. Willis, 224 Ga. 263, 268 (4) (161 SE2d 281), the failure of the appellant to base his appeal upon the judgment overruling his motion for new trial results in that judgment being the law of the case and controlling as to any enumeration of error as to any matter contained in the motion for new trial. In Crowley v. State, supra, there is an enumeration of error that "the court erred in overruling his motion for new trial on the general grounds"; however, the case was affirmed under the ruling in Hill v. Willis, supra. For the same reason, we must affirm here.
Speaking for myself alone, I do not agree with the construction placed by this court upon Headnote 4 in Hill v. Willis, supra, which recites: "Where after trial a motion for new trial is filed and overruled by the trial court such judgment establishes as the law of the case that the questions raised by such motion for new trial are without merit unless such judgment is enumerated as error upon appeal." Construing the opinion in connection with the headnote, my interpretation is that the Hill v. Willis case only requires an enumeration of error upon the judgment overruling the motion for new trial upon appeal from the judgment on the verdict and does not additionally require that the appeal itself be from such judgment. However, in so construing Hill v. Willis, I have not changed my views as expressed in my dissent in Allen v. Rome Kraft Co., 114 Ga. App. 717, 721 (152 SE2d 618).
J. Frank Myers, Solicitor General, for appellee.
Claude N. Morris, for appellant.
SUBMITTED JUNE 5, 1968 -- DECIDED JUNE 21, 1968 -- REHEARING DENIED JUNE 28, 1968 -- CERT. APPLIED FOR.
Friday May 22 18:26 EDT


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